Article II — CITY COUNCIL

Section 200. - MEMBERS AND TERMS.

The City Council shall consist of nine (9) Council members elected to office in a manner provided in this Charter, one from each of the Councilmanic Districts into which the City has been divided. The term of office shall be four (4) years. Alternatively, and successively, odd numbered districts shall be filled at one general municipal election and even numbered districts at the next such election. The term of a City Council member shall commence on the third Tuesday of July following his or her election, and he or she shall serve until his or her successor qualifies. Any ties in voting shall be settled by the casting of lots under the supervision of, and in such manner and place as the City Clerk decides.

Each City Council member in office at the time this Charter takes effect shall continue in office until the end of the term for which he or she was elected or appointed subject to the right of the people to recall a City Council member from office as provided herein.

Sec. 201. - ELIGIBILITY.

No person shall be eligible to hold the office of City Council member or Mayor unless such person is a legally registered voter and resident of the Councilmanic District if and from which nominated for City Council, or of the City if nominated for Mayor, at least thirty (30) days immediately preceding the last day upon which candidates are permitted to file nominating petitions for such office with the City Clerk.

(Amended by Prop. D, 5-1-2007, eff. 5-22-2007; Amended by Prop. R, 11-4-1986, eff. 2-5-1987)

Sec. 202. - MAYOR AND VICE-MAYOR.

(a)

DUTIES OF MAYOR.

The Mayor shall be the chief legislative officer of the City and as such shall have the power to veto actions of the City Council pursuant to and in accordance with the provisions of Section 213 of this Charter. The performance of the duties of the office of Mayor shall be considered as the full-time employment of the person occupying that office. The Mayor shall preside at meetings of the City Council. The Mayor shall have no vote, but may participate fully in the deliberations and proceedings of the City Council. The Mayor shall be recognized as head of the City government for all ceremonial purposes and by the governor for purposes of military law, but shall have no administrative duties other than those provided for in Section 207. The Mayor shall represent the City at large and utilize the office of Mayor to provide community leadership and as a focal point for the articulation of city-wide perspectives on municipal issues.

On or before the 15th day of January of each year, the Mayor shall communicate by message to the City Council a statement of the conditions and affairs of the City, and make recommendations on such matters as the Mayor may deem expedient and proper.

(b)

NOMINATION AND ELECTION OF MAYOR.

Candidates for the office of Mayor shall be nominated by the City at large at the primary nominating election. In the event that no candidate for nomination to the office of Mayor receives a majority of the votes cast for all candidates for the office of Mayor at the primary nominating election, the two candidates receiving the highest number of votes for the office of Mayor at the primary nominating election shall be the candidates and the only candidates for such office whose names shall be printed upon the ballots to be used at the general municipal election.

(c)

TERM OF MAYOR.

In 1988, a Mayor shall first be nominated and elected by the City at large in the manner provided in Subsection 202(b) of this Charter for a term of two (2) years, and, commencing in 1990 and thereafter, for a term of four (4) years, from the date he or she shall take office after being duly elected Mayor, or until a successor shall be elected and take office. The term of the Mayor shall commence on the third Tuesday of July following his or her election, and he or she shall serve until his or her successor qualifies.

(d)

NO PERSON CAN BE CANDIDATE FOR TWO ELECTED CITY OFFICES AT THE SAME TIME.

A person cannot be a candidate at the same election for two or more of the elected City offices.

(e)

VACANCY IN OFFICE OF MAYOR.

In the event of a vacancy occurring in the office of the Mayor, existing by reason of any cause, the Council shall immediately cause an election to be held to fill such vacancy, which election shall be called within sixty (60) days after such vacancy occurs and shall be held within one hundred and twenty (120) days after such vacancy occurs, provided that if such vacancy occurs within one hundred and twenty (120) days, but not less than eighty-eight (88) days, from the date of a municipal primary nominating election at which the office of Mayor would regularly be filled, the City Council shall not cause a special election to be held to fill the vacancy but said vacancy shall be filled as a part of the regular election process. If elected by a specially called election pursuant to this Subsection 202(e), the Mayor so elected shall serve for the remainder of the unexpired term of the Mayor whose vacation of the office has caused the special election to be held.

(f)

VICE-MAYOR.

The Council shall biennially, at the same time that Councilmembers regularly take office for new terms, select one of its members who shall be the Vice-Mayor. The Vice-Mayor shall perform all duties and, except for the power to veto actions of the City Council, may exercise all powers of the Mayor as prescribed by this Charter or by ordinance when the Mayor is absent, unable to perform his or her duties or has vacated the office by reason of any cause and until a successor has been elected and taken office.

(Amended by Prop. D, 5-1-2007, eff. 5-22-2007; Amended by Prop. R, 11-4-1986, eff. 2-5-1987)

Sec. 203. - SALARY.

(a)

Commencing with the first Mayor to assume the office of Mayor on or after July 1, 1988, the Mayor shall receive an annual salary of Sixty-seven Thousand, Five Hundred Dollars ($67,500.00), which salary shall be automatically adjusted on July 1, 1989, and on July 1 of each year thereafter equivalent to the most recent upward change in the annual average of the Consumer Price Index as published by the United States Department of Labor for the Los Angeles-Long Beach-Anaheim metropolitan area.

For purposes of calculating the annual adjustment under this section the base year shall be that year ending with the quarter ending December 31, 1988. The Mayor's salary shall first be adjusted on July 1, 1989, and annually thereafter, based on the annually calculated change from the base year.

(b)

Each member of the City Council shall receive a salary which shall be twenty-five percent of that provided for the Mayor under Subsection (a) of this Section 203.

(Amended by Prop. R, 11-4-1986, eff. 2-5-1987)

Sec. 204. - VACANCIES IN CITY COUNCIL.

Absence from five (5) consecutive regular meetings, unless excused by resolution of the City Council, shall operate to vacate the seat of any City Council member so absent.

Whenever a vacancy in the City Council shall occur, such vacancy shall be filled at a special election to be called for that purpose. A vacancy shall be deemed to have occurred upon the date of the adoption by the City Council of a resolution finding and determining that such vacancy has occurred. In the event a City Council member is recalled, the vacancy shall be deemed to have occurred upon the date the election results are declared by the City Council. Any City Council member so recalled shall continue to hold his office until his successor is duly elected and qualified.

The election to fill a vacancy shall be held in the district from which the City Council member is to be elected, and shall be called within sixty (60) days after the declaration of such vacancy by the City Council. Said election shall be held within one hundred twenty (120) days after the declaration of such vacancy, unless the same is declared within one hundred twenty (120) days of a primary nominating election provided for in this Charter, in which event such vacancy may be filled by the City Council by appointment. Such special election shall be held within such district in the manner to be provided by the City Council by resolution.

To be eligible to be appointed or elected to fill a vacancy in the City Council, a person must have been a legally registered voter and resident in the district where the vacancy occurs for at least thirty (30) days immediately preceding the date of appointment or the first day upon which candidates are permitted to file nominating petitions for the office with the City Clerk.

No person appointed as a successor to serve during the remainder of a Councilmanic term in which a vacancy occurs shall be designated on any ballot or voter pamphlet as an incumbent, a member of the City Council, or other designation indicating incumbency, for purposes of the next primary and general elections for members of the City Council.

Sec. 205. - POWERS VESTED IN THE CITY COUNCIL.

Except as otherwise provided in this Charter, all powers of the City shall be vested in the City Council.

Sec. 206. - CITY COUNCIL ORGANIZATION, MEETINGS AND RULES OF ORDER.

The time, place and method of calling meetings and the rules of order for the conduct of proceedings by the City Council shall be as established by ordinance. A majority of the councilmembers in office shall constitute a quorum for the transaction of business, but a lesser number may adjourn from time to time, or may compel the attendance of other members in such manner and under such penalties as those present may prescribe.

Sec. 207. - LEGISLATIVE DEPARTMENT.

(a)

There is hereby created a Legislative Department which shall be under the direction and control of the City Council and the Mayor who shall also act as chief administrative officer for the department. This department shall consist of the Mayor, the City Council, the City Clerk, and all assistants, secretaries, stenographers and clerical help in the office of the City Clerk and such employees as may be deemed necessary to serve in the office of the Mayor and City Council to aid them in fulfilling their legislative duties in gathering, organizing and analyzing data and information relating to matters requiring legislative action.

(b)

Each individual member of the City Council shall have the authority to appoint, suspend, remove and discipline the employee or employees of the Legislative Department who serve on his or her personal staff. Except as provided in Article IV of this Charter, the Mayor shall have authority to appoint, suspend, remove and discipline all employees of the Legislative Department who do not serve on the personal staff of an individual councilmember.

(c)

The Legislative Department shall be administered and operated in accordance with and pursuant to the provisions of this Section 207 and such ordinances, resolutions and administrative regulations adopted, approved or promulgated by the City Council as are consistent with them.

(Amended by Prop. R, 11-4-1986, eff. 2-5-1987)

Sec. 208. - CITY COUNCIL'S AUTHORITY OVER CITY EMPLOYEES.

Neither the City Council, nor any of its committees or members shall dictate or attempt to dictate, either directly or indirectly, the appointment of any person to office or employment by the City Manager, or in any manner interfere with or prevent the City Manager, from exercising judgment in the appointment of officers and employees in the administrative service. Except for the purpose of inquiry, the City Council, its members and employees of the Legislative Department shall deal with the administrative service solely through the City Manager, and neither the City Council, its members and employees of the Legislative Department shall give orders to any of the subordinates of the City Manager, either publicly or privately.

Sec. 209. - CITIZEN PARTICIPATION.

Subject to the rules governing the conduct of City Council meetings, any citizen, personally or through counsel, shall have the right to address the City Council or its standing committees on matters of public business at any meeting.

Sec. 210. - ORDINANCES, RESOLUTIONS AND ORDERS.

Ordinances and resolutions are the formal acts of the City Council reduced to writing and passed under legal restrictions governing action thereon. Orders include all other acts which, being less formal in character, require only to be passed by the majority of the City Council present and spread upon the minutes.

No ordinance shall be placed upon its final passage upon the same day it has been introduced, except emergency measures as provided in this Charter. Neither ordinance nor resolution shall be in full force and effect unless it shall have received the affirmative votes of not less than five (5) members of the City Council.

No ordinance passed by the City Council shall go into effect before the expiration of thirty (30) days from the time of its final passage, except when otherwise required by the general laws of the State of California, by the provisions of this Charter, or emergency ordinances.

Sec. 211. - EMERGENCY ORDINANCES.

The City Council may, by vote of five (5) of its members, pass emergency ordinances for the immediate preservation of the public peace, health and safety, to take effect at the time indicated therein. Emergency ordinances shall contain a separate section in which the emergency is particularly set forth and defined. A separate roll call on the question of the emergency shall be taken. Ordinances appropriating money may be passed as emergency ordinances.

Sec. 212. - POSTING ORDINANCES.

The City Clerk shall cause each ordinance to be posted in at least three (3) public places in the City unless publication is requested by the City Council or otherwise required by law.

Sec. 213. - VETO OF CITY COUNCIL ACTIONS BY MAYOR.

(a)

The Mayor may veto any action of the City Council as defined in Sections 210 and 211 of this Charter, except for procedural and parliamentary motions including, but not limited to, those for adjournment and similar motions, which veto shall be exercised as provided for in this section.

(1)

As to any ordinance, except for emergency ordinances as provided for in Section 211 of this Charter, the Mayor shall, within ten (10) calendar days of adoption of the ordinance, either sign or veto the ordinance. If the Mayor signs the ordinance, it shall become effective thirty-one days thereafter. If the Mayor vetoes the ordinance, the veto shall be exercised by filing with the City Clerk a statement vetoing the ordinance and setting forth the Mayor's reasons for the veto. The City Clerk shall immediately transmit the veto message to all members of the City Council and shall, at the same time, cause the matter to be placed upon the agenda of the next regularly scheduled meeting of the City Council for which an agenda has not as yet been prepared by the City Clerk. At that meeting, or at any time within thirty (30) days of filing of the veto statement, the City Council may, by a vote of two-thirds (⅔) or more of its members, override the veto, in which case the ordinance shall become effective thirty (30) days thereafter. If an override is not voted within the thirty (30) days provided, the ordinance shall be deemed vetoed and shall be of no further force and effect.

(2)

As to any resolution, the Mayor shall exercise his or her veto by filing with the City Clerk, within five (5) calendar days of adoption of the resolution, a statement vetoing the resolution and setting forth the Mayor's reasons for the veto. The City Clerk shall immediately transmit the veto message to all members of the City Council and shall cause the matter to be brought before the City Council at its next regularly scheduled meeting. At that meeting, the City Council may, by a vote of two-thirds (⅔) or more of its members, override the veto, in which case the resolution shall become effective as if no veto has been exercised. If an override is not voted at that meeting, the resolution shall be deemed vetoed and shall be of no further force and effect.

(3)

As to motions for minute orders, the Mayor shall exercise his or her veto by stating, orally or in writing, immediately following the announcement of the final vote on the motion and prior to commencement of any further business by the City Council, that the motion is vetoed and the reasons for the veto. Thereupon, the City Council shall immediately vote on a motion, if duly made and seconded, to override the veto. If at least two-thirds (⅔) of the members of the City Council present vote for the motion to override, the veto shall be deemed overridden. If not, the action shall be deemed vetoed and defeated and shall be of no further force and effect.

(4)

As to any emergency ordinance as provided for in Section 211 of this Charter, the Mayor shall exercise his or her veto by stating, orally or in writing, immediately upon adoption of the emergency ordinance, that the emergency ordinance is vetoed and the reasons for the veto. Thereupon, the City Council shall immediately vote on a motion, if duly made and seconded, to override the veto. If two-thirds (⅔) or more of the members of the City Council vote for the motion, the veto shall be deemed overridden and the ordinance

shall become effective as if no veto has been exercised. If an override is not voted at that meeting, the ordinance shall be deemed vetoed and shall be of no further force and effect.

(b)

In all cases, the action to override the Mayor's veto shall be limited to a vote on a motion that the veto of the Mayor be overridden, and no amendatory or other motions to change the vetoed action prior to the override vote shall be in order. If a veto is not overridden and becomes final as provided in this Section, action identical to that vetoed shall not be again considered by the City Council for a period of thirty (30) days.

(Amended by Prop. A, 5-1-2007, eff. 5-22-2007; Added by Prop. R, 11-4-1986, eff. 2-5-1987)

Sec. 214. - MAYOR AND CITY COUNCIL—THREE TERM LIMIT.

(a)

Notwithstanding any other previously enacted provision of law or of this Charter, during his or her lifetime, a person may serve no more than three (3) terms as a member of the Long Beach City Council, and may also serve no more than three (3) terms as Mayor of Long Beach. The City Clerk, or other election official authorized by law, shall not accept or verify the signatures on any nomination paper for any person, including any paper seeking election as a write-in candidate, nor shall he or she certify or place on the list of certified candidates, nor print or cause to be printed on any ballot, ballot pamphlet, sample ballot or ballot label, the name of any person whose candidacy, if successful, will result in a new Mayoral or City Council term that exceeds the limits set forth herein.

(b)

For purposes of this Section, "term" shall mean the following:

(1)

Any full four-year term of service for which a person was formally nominated (not as a write-in candidate) and to which he or she was elected to office at any Municipal Primary or General Election, occurring on or after November 3, 1992;

(2)

Any full four-year term of service for which a person was formally nominated (not as a write-in candidate) and to which he or she was appointed in lieu of a Municipal Election, pursuant to California Elections Code Section 10229, occurring on or after November 3, 1992;

(3)

Any full four-year term of service for which a person was nominated as a write-in candidate and to which he or she was elected to office at any Municipal Primary or General Election occurring on or after November 6, 2018;

(4)

Any full four-year term of service described in paragraphs (1) through (3) above, which commences on or after November 6, 2018 and which terminates prior to the scheduled expiration of the term due to any of the following:

(a)

The officer's seat is lawfully declared vacant during that term for any reasons other than resignation;

(b)

The officer is lawfully recalled from office by the voters during that term;

(c)

The officer has legally forfeited his or her elected office under applicable Federal or State law during that term.

(d)

If the officer vacates his or her office due to resignation:

(i)

If the resignation occurs with more than two years remaining in his or her current term, this shall not count as a "term" against the three-term limit.

(ii)

If the resignation occurs with two years or less remaining in his or her current term, this shall count as a "term" against the three-term limit.

(c)

For purposes of this Section, "term" shall not mean any of the following:

(1)

Any full four-year term of service, whether expired or unexpired, for which a person was nominated as a write-in candidate and to which he or she was elected to office at any Municipal Primary or General Election occurring prior to November 6, 2018;

(2)

Any term to which a person has been specially elected or appointed to the office of Mayor or City Council to fill a mid-term vacancy, pursuant to City Charter Section 204;

(3)

Any full four-year term of service for which a person was elected to office, or was appointed in lieu of a Municipal Election, pursuant to California Elections Code Section 10229, at any Municipal Primary or General Election, occurring prior to November 3, 1992.

(d)

No person who has already served three terms as a member of the City Council may be appointed to serve on the City Council, and no person who has already served three terms as Mayor may be appointed to serve as Mayor, whether said appointment is in lieu of a Municipal Election, pursuant to California Elections Code Section 10229, or to fill a vacancy on the City Council pursuant to City Charter Section 204.

(e)

No person who has already served three terms as a member of the City Council may run for special election to fill a vacancy on the City Council pursuant to City Charter Section 204. No person who has already served three terms as Mayor may run for special election to fill a vacancy in the office of Mayor pursuant to City Charter Section 204.

(Amended by Meas. BBB, 11-6-2018, eff. 12-11-2018; Amended by Prop. D, 5-1-2007, eff. 5-22-2007; Added by Prop. G, 11-3-1992, eff. 8-23-1993)